Prosecutors want attorney dismissed from baby's death

Victoria Siaotong, left, appears near tears as Shawn Cruz, right, asked the judge for permission to attend the rosary of their 3-month-old son, Tyler Cruz, during their magistrate hearing at the Superior Court of Guam in August 2014.(Photo: PDN file)

1 attorney, 2 defendants

Assistant Attorney General Christine Santos Tenorio questioned whether Trapp’s representation of both defendants would affect his ability to represent them fairly and effectively.

For instance, Tenorio said, there is a possibility that a jury could find one defendant more culpable than the other. But Trapp wouldn’t be able to argue one of his own clients is more responsible in the case than the other.

Furthermore, she said, if the defendants are convicted, Trapp wouldn’t be able to argue for different sentences based on culpability.

Trapp, however, noted that he has been representing the couple since close to the beginning of the case and the prosecution’s motion has only come up in the days before the matter was supposed to go to trial.

He also told the judge that he has talked to both defendants about the dual representation, and they consented to his defending both of them.

Despite that, Tenorio noted that the judge still has the authority to reject the representation, noting it could become an issue at an appeal.

If one defendant is convicted, she said, that defendant could potentially argue — and win — an appeal on the basis of ineffective assistance of counsel.

Sukola said she would take the matter under consideration.

A follow-up hearing has been scheduled for Jan. 22, with a trial to follow.